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How to Overcome a No-Damage-For-Delay Clause

No damage for delay clauses are standard provisions these days and are valid and enforceable in the state of Florida.

What is a No Damage for Delay Clause?

It a provision that says under no circumstances will you be entitled to recover money if the job is delayed. Well as you know and I know, time is money and if you’re on the job longer than expected, that costs you real dollars.

There are several things you can do to overcome the no damage for delay clause in your construction contract.

First, you can strike the provision.

But I’m here to tell you that that’s unlikely to occur.

So then the question is what do you do?

There’s one generally recognized exception to the no damage to delay clause.

If the party that you contracted with was wantonly or willfully negligent in its conduct, and that conduct was the cause for the delay on the job you may be able to recover not only time but money.

Documentation of the delay is critical.

Both to support your claim that you are entitled to additional compensation but just as importantly that you were not the cause of any delay on the job. To the extent the Owner or Contractor wants to assert actual or liquidated damages against you, these documents will be critical in proving that it wasn’t you, but others that caused the project to be delayed.

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